Hy-Q Internet Services User Agreement
Please read this agreement in its entirety and choose
"I Agree" or "I Don't Agree" at the bottom. All users of our service
will be bound by this agreement. Hy-Q International reserves the right to alter this
agreement at any time without any prior notice.
This User Agreement (the 'Agreement') governs the terms of the use by Client of
services offered by Hy-Q Internet Services, a division of Hy-Q International.
Client agrees to receive access to the Web Server services according to the following
terms and conditions:
- Selection of Service Plan. Client will select one of the service plans offered by
Provider, and agrees to receive services according to the service plan selected.
- Payment for Services. Client will pay for services provided under this Agreement
by credit card authorisation provided to Provider. When initiating service, Client will be
charged the published set-up fee for the service plan selected, as well as a pro rated
partial month charge according to the service plan for the number of days remaining in the
calendar month from the time of initiation of service until the end of the month in which
service is initiated. On or about the first day of every month thereafter, Client's credit
card will be charged for monthly payment for services according to Provider's published
schedule. If this Agreement is terminated on some day other than the last day of the
month, Client will be obligated to pay for only the pro rata portion of the monthly
service plan charge for the month in which the service is terminated.
- Term. This Agreement may be terminated by Client or Provider at any time without
prior notice and without cause. If either party is in default under this Agreement
(including non-payment), then the nondefaulting party may also immediately terminate the
Agreement without prior notice to the other party.
- Compliance with Law. Client will use the services offered by Provider in a manner
consistent with all applicable local, state and federal laws and regulations. Client will
not use the services offered by Provider to gain unauthorised access to any networks or
- File Back-up. Provider is not responsible for Client's files residing on
Provider's servers. Client is solely responsible for independent backup of data stored on
- Prohibition of Publication of Certain Material. Client shall not knowingly or
unknowingly submit to Provider for publication any of the following material (including
pictures, links, or any other content):
any material which violates or infringes any copyright, trademark,
servicemark, trade secret, patent, statutory, common law or other proprietary rights of
any material that is libellous or slanderous;
any material which may be judged obscene, pornographic, offensive, or
not suitable for children; or
distribution lists to be used via unsolicited electronic mail or other
mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and
unsolicited email sent from your server, or any other service on the Internet, which
contains your domain name or any other domain name on Provider's network.
Any violation of the above conditions will result in termination of Client's account.
Provider may remove from publication any material which Provider, in its sole judgement,
believes violates any of these conditions.
Due to the public nature of the Internet, all material submitted by Client for
publication will be considered publicly accessible. Provider does not screen in advance
Client's material submitted to Provider for publication. Provider's publication of
material submitted by Client does not create any express or implied approval by Provider
of such material, nor does it indicate that such material complies with the terms of this
Limitation/Disclaimer of Liability. Provider is not liable for protection or
privacy of electronic mail or other information transferred through the Internet or
through any other network Provider or its customers may utilise.
Provider does not
represent or warrant to Client that: (1) Client will receive continual and uninterrupted
service during the term of this Agreement; or (2) any information transmitted on
Provider's facilities or other interconnecting network(s) or server(s) will remain private
or secure. In the event of a service interruption, Client shall notify Provider, and
Provider shall attempt to restore Client's service as soon as is reasonably possible. In
the event of an interruption or malfunction of service that lasts for more than twenty
four (24) consecutive hours, and that is caused by circumstances within Provider's
control, Client shall be entitled to a credit of 1/30th of its base monthly billing charge
for each period of 24 consecutive hours that Client's service is interrupted or
malfunctions due to circumstances within Provider's control. In case of a service
interruption or malfunction that lasts for less than 24 hours, or that is caused by
circumstances beyond Provider's control (such as strike, fire, inclement weather, civil
disturbance, vandalism, or other force majeure events), Provider shall not be liable to
Client, nor shall Client be entitled to a credit to its account. Provider's total
liability to Client for all claims relating to services provided by Provider, whether in
contract, tort or otherwise, shall not exceed the total fees paid by Client to Provider to
the account on which the liability is based for the immediately preceding twelve (12)
DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED IN SECTION 7 ABOVE, PROVIDER'S
SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS, AND CLIENT'S USE OF PROVIDER'S
SERVICES SHALL BE COMPLETELY AT CLIENT'S RISK.
PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER
WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, BEYOND THOSE SPECIFICALLY PERMITTED BY THIS
Indemnity. Client agrees to defend, indemnify and hold Provider harmless from and
against any and all claims, losses, liabilities and expenses (including attorneys' fees)
related to or arising out of any services or equipment of Provider used by Client under
this Agreement, including without limitation claims made by third parties (including
customers of Client) related to any false advertising claims, liability claims for
products or services sold by Client, claims for patent, copyright or trademark
infringement, claims due to disruption or malfunction of services provided hereunder, or
for any content submitted by Client for publication by Provider, but excluding those
related to the negligence of Provider.
Resale of Provider's Service. If Client acts as a 'reseller' of the services
provided by Provider to Client hereunder, by Client providing similar services to its
customers, then all the terms of this Agreement shall provide to the resale. Without
limiting the foregoing, Client's obligations under Section 9 ('Indemnity') shall apply to
any and all claims made against Client and/or Provider which arise out of the resale of
Governing Law/Venue. This Agreement shall be governed by the laws of the State of
Victoria. Venue for any action hereunder shall be in Melbourne, Victoria.
Relationship of the Parties. The parties intend that an independent contractor
relationship will be created by this contract, and that no partnership, joint venture or
employee/employer relationship is intended.
Taxes. If any federal, state or local governmental entity with taxing authority
over the services provided under this Agreement imposes a tax directly on the services
provided by Provider to Client under this Agreement (excluding any income, business and
occupation, capital gain, death or inheritance, or other indirect taxes), then Provider
may pass the direct amount of such cost on to Client, and Client shall promptly pay such
Waiver. Any party's failure to insist on compliance or enforcement of any
provision of this Agreement shall not affect its validity or enforceability or constitute
a waiver of future enforcement of that provision or of any other provision of this
Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a
declaration of rights under this Agreement, the prevailing party in such proceeding shall
be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding
from the no prevailing party, as well as any reasonable attorneys' fees and costs that the
prevailing party incurred prior to commencing the proceeding.
IP Addresses. Provider maintains control and any ownership of any and all IP
numbers and addresses that may be assigned to Client and reserves in its sole discretion
the right to change or remove any and all IP numbers and addresses.
Cancellation. In order to stop service, Client must
follow the cancellation procedure as follows;
- Make certain that you want to cancel your server before
sending us a cancellation notice. Once your server is cancelled, there is a $30 fee to
reinstate your server once it has been terminated.
- Fax a signed letter with the domain name of the server you
want cancelled, the date you would like to stop service, and the current password of your
web server to +61 (03) 9562-9009.
- Also, please let us know the reasons why you decided to
cancel, what you liked about our service and what you think we can improve upon. Your
feedback is crucial to our future success!